Is the Chinese Students and Scholars Association an “Affiliate” of the Communist Party? Would Joining Make Me Ineligible for a Green Card?

A reader asks:

I am a student at the University of … with an F-1 visa. I’m a senior. I will be applying for optional practical training (OPT) work authorization. Hope to find an employer to sponsor me for an H-1B visa and a green card. I heard that a green card application can be denied if the applicant has belonged to an organization “affiliated with” the Communist Party.  If that’s true, could membership in the Chinese Students and Scholars Association be a problem?

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Client Alert: State Dep’t Begins Stricter Vetting of Visa Applicants

U.S. Secretary of State Rex Tillerson sent four cables to consular officers between Mar. 10 and 17 with preliminary instructions for stricter vetting of U.S. visa applicants. The cables emphasize that “all visa decisions are national security decisions” and that additional screening may “may cause interview appointment backlogs to rise.” Continue reading “Client Alert: State Dep’t Begins Stricter Vetting of Visa Applicants”

President Trump Signs Revised Executive Order on “Protecting the Nation from Foreign Terrorist Entry”

President Trump has signed a revised Executive Order on “Protecting the Nation from Foreign Terrorist Entry into the United States.” It goes into effect March 16. The ban fails to address the original version’s flaws and its thinly veiled scapegoating of Muslims and refugees. Continue reading “President Trump Signs Revised Executive Order on “Protecting the Nation from Foreign Terrorist Entry””

Trump’s Executive Order on “Protecting the Nation from Terrorist Attacks by Foreign Nationals”: Latest News and Summary

The Latest

Enforcement and interpretation of President Trump’s Executive Order (EO) on “Protecting the Nation from Terrorist Attacks by Foreign Nationals” are evolving rapidly, so check back here for updates.

2017-02-16: The Trump administration plans to unveil a revised EO on immigration next week and rescind the president’s initial travel ban, which has been entrenched in legal battles throughout the country, as reported in The Hill. President Trump said during a news conference on Thursday that he would unveil a more tailored travel ban “next week sometime.” The U.S. Department of Justice similarly informed the U.S. Court of Appeals for the Ninth Circuit, in the Washington v. Trump litigation: “Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns.”

2017-02-09:  The U.S. Court of Appeals for the Ninth Circuit has denied the government’s motion for stay of the district court’s temporary restraining order (TRO). Translation: The TRO suspending implementation of the EO remains in place. The government may appeal to the U.S. Supreme Court. Continue reading “Trump’s Executive Order on “Protecting the Nation from Terrorist Attacks by Foreign Nationals”: Latest News and Summary”

Crimes Involving Moral Turpitude: Judge Posner’s Blistering Concurrence in Arias v. Lynch (7th Cir. 2016)

posnerJudge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit is perhaps the most-cited legal scholar of the twentieth century. His reputations for brilliance and for rudeness are both on display in his concurring opinion in Arias v. Lynch (7th Cir. 2016). Continue reading “Crimes Involving Moral Turpitude: Judge Posner’s Blistering Concurrence in Arias v. Lynch (7th Cir. 2016)”

Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship

NPCDid you think the Cold War was over? The U.S. Immigration and Nationality Act still makes ineligible for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key issue for immigration lawyers representing Chinese clients.

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Special Considerations for Visa Processing at U.S. Consular Posts in China

Q&ASince our firm’s offices are in China, we are often asked by lawyers in the U.S. to work as local counsel for U.S. visa applications at the U.S. Consulates in Beijing, Guangzhou, Shanghai, Chengdu, and Shenyang. We make it our business to know each consulate’s policies, practices, and procedures. Here are the basic tips we give most frequently to stateside lawyers: Continue reading “Special Considerations for Visa Processing at U.S. Consular Posts in China”